TOAST IT NOTE Trade Mark Application Fails to Stick

Recently, the UK Trade Mark Registry rejected an application for the sign TOAST IT NOTE in class 16 following an opposition by 3M Company. The Registry agreed 3M had a reputation in their POST-IT mark and that use of this sign, at least on adhesive notes and similar stationery, would amount to free riding and be detrimental to the distinctive character of 3M’s mark. The applicant was allowed to keep and register the mark in respect of “erasers” and “rulers”, where it was held that there would be no detriment, confusion or passing off.

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